Commonwealth Consolidated Acts

PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 - SECT 26FEN

             (1)  The master and the owner of a ship each commit an offence if:

                     (a)  fuel oil is used on board the ship; and

                     (b)  the fuel oil does not meet the requirements set out in Regulation 18(1) of Annex VI; and

                     (c)  one of the following applies:

                              (i)  the fuel oil is used while the ship is in the sea near a State, the Jervis Bay Territory or an external Territory and no law of that State or Territory gives effect to Regulation 18(1) of Annex VI in relation to that sea;

                             (ii)  the fuel oil is used while the ship is in the exclusive economic zone;

                            (iii)  the ship is an Australian ship and the fuel oil is used while the ship is beyond the exclusive economic zone.

Penalty:  500 penalty units.

             (2)  An offence against subsection (1) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

Presumption

             (3)  It is presumed, unless the contrary is proved, that fuel oil is used as mentioned in paragraph (1)(c).

Note:          A defendant bears a legal burden in relation to proving the contrary (see section 13.4 of the Criminal Code ).